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are we ready? please help

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  • are we ready? please help

    I'm currently on H1B and married to a USC. We think we're ready to file for the adjustment of status. Here's the list of documents that we have

    I-130
    I-130A
    I-485
    I-131
    I-765
    I-864 filled by my spouse
    I-864a filed by friend

    Supporting documents:
    Spouse birth ceritificate
    My birth certificate with translation
    Marriage certificate
    Copy of spouse drive license showing name change
    Copy of my I94
    Copy of all pages of my passport
    Copy of insurance cards showing joint insurance
    picture from our life together
    letters from friends
    8 passport pictures of me
    4 passport pictures of my spouse
    cover letter detailing all the content with explanation for missing tax fillings of my spouse
    copy of 3 last tax filing for sponsoring friend
    sponsoring friend birth certificate


    Do you think i'm missing anything? Where do I mail all these documents to? can i pay with a money order? do I need more than one copy of the marriage and birth certificates?

    Any help would be very appreciated.

  • #2
    Originally posted by jimbob View Post
    I-864a filed by friend
    I-864A is only filed by a "household member" of the sponsor (either the petitioner, your spouse, or a joint sponsor). The only people who can be a "household member" are: 1) the sponsor's spouse, 2) people who the sponsor claimed as dependents on their taxes, or 3) the sponsor's mother, father, sister, brother or adult children, if they are living in the same residence as the sponsor.

    I am assuming that this friend is not claimed as a dependent by your spouse or related to your spouse, in which case, he/she cannot be a "household member" of your spouse.

    What you probably wanted, is for the friend to be a "joint sponsor". A "joint sponsor" fills out a completely separate I-864 (separate from your spouse's I-864), selecting "I am the only joint sponsor", and this joint sponsor's own household income must be sufficient to meet the requirements. If this joint sponsor needs to include his/her household members' income in order for his/her household income to be enough, then those household members would fill out I-864A in order for their income to be counted in the joint sponsor's household income.

    This is my personal opinion and is not to be construed as legal advice.

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